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1

The Rights of the Indigenous Numerically-Small Peoples of the Russian Federation in Practice of High and Regional Courts = Права коренных малочисленных народов Российской Федерации в практике высших судов и судов субъектов Российской Федерации // Вестник Воронежского государственного университета. Серия: Право. 2015. № 4 (23). С. 37–50.

Автор: Чертова Надежда Андреевна
[Б.и.]

The protection of indigenous numerically-small peoples’ rights in the Russian Federation is inconceivable without scrutiny of the court practice and case law based on this issue. Particular attention should be paid to the practice of high courts which de facto is obligatory for all subordinate levels of Russian unitary court system. It seems important to describe the most significant court decisions which form the unified law-enforcement practice to be taken into account by indigenous communities and organizations of Russia.

Предпросмотр: The Rights of the Indigenous Numerically-Small Peoples of the Russian Federation in Practice of High and Regional Courts = Права коренных малочисленных народов Российской Федерации в практике высших titlebreak итета. Серия Право. 2015. № 4 (23). С. 37–50.pdf (0,2 Мб)
2

The Gravity of a Crime in Selection and Application of the Remand in Custody as a Pre-trial Restraint: Problems of Legal Regulation and Current Practice

Автор: Sudnitsyn

The article examines the impact of the crime severity on application of the remand in custody basing on the analysis of works of procedural law researchers, rules of law, investigation and judicial practice, including the European Human Rights miracle. The article considers the problems of legal regulation and the current practice. The author concludes and provides recommendations for law enforcers how to differentiate between the data on the severity of the crime and similar concepts when deciding to apply the remand of custody, as well the proper use of such data in practice in order to comply with the requirements of the law, the adoption of lawful, reasoned and motivated decision regarding the remand of custody

3

THE STRUCTURE OF COPYRIGHT SYSTEMS OF FRANCE, GERMANY AND RUSSIA

Автор: Matveev

Introduction: as is known, there are two key copyright law traditions: Anglo-American and Romano-Germanic copyright laws. At the same time, copyright law of the main representatives of Romano-Germanic tradition is not homogeneous, as it may seem at first glance. French and German copyright law is in the vanguard of the continental copyright law, with the copyright law of Russia being among the others in this copyright law system. However, Russian copyright law has some specific characteristics. The purpose of the present article is to define the structure of copyright systems of France, Germany and Russia. Methods: comparative legal, historic, system structural and formal dogmatic methods are used in the analysis. Results: the article considers the influence of philosophical law theories on copyright systems in France, Germany and Russia. These systems are characterized in terms of correlation between the author’s economic and moral rights. The role of exclusive rights is pointed out in copyright systems of France, Germany and Russia. Conclusions: we believe that Russian copyright system is a special form of the dualistic model. Here the legal status of the author’s moral rights is controversial and uncompleted. In fact, this dualism is eclectic since it is influenced by conceptually different systems of French and Soviet copyrights. We come to the conclusion that the term “exclusive rights” has historical rather than theoretical grounds for statutory reference to copyrights.

4

THE PRINCIPLE OF FREEDOM OF CONTRACT IN CIVIL LAW OF THE REPUBLIC OF BELARUS

Автор: Bondarenko

Introduction: according to the author of the article, the principle of freedom of contract, secured among fundamental principles of civil legislation of the Republic of Belarus, is not fully implemented in the current legislation. Purpose: to identify legal rules incoherent with the requirements of the principle of freedom of contract and to work out proposals for their correction. Methods: the methodological framework of the research is based on a set of universal, general scientific and specific scientific methods of cognition. For the purposes of this research, the leading role is assigned to analytical, critical and systemic methods, methods of analysis and synthesis, abstraction and concretization. Results: the author proves that the principle of freedom of contract is not confined within the scope of law of obligation. Being a fundamental principle of civil legislation, it extends to its whole array, its manifestations being found in all branches of civil law. One should not limit the principle of freedom of contract to the freedom of entering into a contract only because freedom of contract manifests itself at all stages of contractual relations until termination thereof. So far as the principle of freedom of contract is a base for civil law regulation in relation to rules of contract law, including the regulation on freedom of contract, the author suggests distinguishing between restriction of freedom of contract as a principle and restriction of certain elements of freedom of contracting parties. Conclusion: freedom of contract, as any freedom, should obtain guarantees. That is why it is essential for its limits to be set under the law only providing private and public interests are balanced

5

THE RIGHTS OF THE INDIGENOUS NUMERICALLY-SMALL PEOPLES OF THE RUSSIAN FEDERATION IN PRACTICE OF HIGH AND REGIONAL COURTS

Автор: Chertova

the protection of indigenous numerically-small peoples’ rights in the Russian Federation is inconceivable without scrutiny of the court practice and case law based on this issue.